Bare ActsThe SIKKIM URBAN AND REGIONAL PLANNING AND DEVELOPMENT ACT,1998

Section 49

Amendment status not verified — confirm the current text below against the official source.

(1) If it appears to the Authority that it is expedient, having regard to develop- ment plan prepared or under preparation and to any other material consideration that any permission to develop land granted under this Act or any other law should be revoked or modified. the Authority after giving the person concerned an opportunity of being heard against such revocation or modification, may, by an order, revoke or modify the permission to such extent as appears to it to be necessary: Provided that- (a) where the permission relates to the carrying out of building or other operations, no such order :- (i) shall affect such of the operations as have been previously carried out; (ii) shall be passed after these operations have substantially progressed or have been completed; . (b) where perrnisslon relates to a use of land, no such order shall be 27 Penalty for unauthorised development orfor use oth- erwise than in conformity with the de- velopment plan or de- velopment scheme. Power to re- quire re- moval Of unauthorised o e v e t o o- ment. passed at any time after the change has taken place. (2) When a permission is revoked or modified by an order made under sub- section (1). if the owner claims from the Authority within the time and in the manner prescribed. compensation for the expenditure incurred in carrying out the works after the grant of permission and in accordance with such permission, which has been rendered abortive by the revocation or modification, the Authority shall, after giving the owner reasonable apportunity of being heard by an officer appointed by it in this behalf, and after considering the officer's report assess and offer such compensation to the owner as it thinks fit. (3) If the owner does not accept compensation. and gives notice, within such time as may be prescribed. of his refusal to accept, the Authority shall refer the matter forthe adjudication of the Court and the decision of the Court shall be final and binding on the owner and Authority. . .., 50 (1) Any person who. whether at his own instance or at the instance of any other person or anybody commences, undertakes or carries out development. institutes, or changes use of any land or building: - (a) in contravention of any development plan or development scheme; (b) without obtaining a certificate regarding development charges under clause (a) of SUb-section (1) of section 44; (c) without permission as required under this Act; (d) in contravention of any condition subject to which such permission has been granted: (e) after the permission for development has been revoked under section 49;6r (f) in contravention of the permission which has been modified under section 49; shall. on conviction be punishable with simple imprisonment for a term which may extend to three years. or with a fine whcih may extend to ten thousand rupees orwith both and in the case of a continuing offence with a further fine which may extend to five hundred rupees for each day during which the offence continues after conviction for the first commission of the offence . .(2) Any person who continues to use or allows the use of any land or building in contravention of the provisions of the deveiopmentpian or development scheme without having been allowed under section 43 or where the continuance of such use has been allowed under that section. continues such has been allowed or without complying with the terms and conditions under which the continuance of such use is allowed, shall be punishable witn a further fine which may 'extend to five hundred rupees for each day during which such offence continues after conviction for the first commission of the offence. I~

Section 49 – The SIKKIM URBAN AND REGIONAL PLANNING AND DEVELOPMENT ACT,1998 | DailyLaw.ai